public servants and there is violation of Fundamental R. 113 to the effect that Chatterjee under Fundamental Rule 113 should get the benefit ... there was breach of Fundamental Rule it was justiciable and it was contended first, that Fundamental Rule 113 enjoined that Chatterjee must get a post
Chapter XII and the
particular Rules to which our attention has been drawn are
Fundamental Rules 111 and 113. Insofar as it is relevant ... admissible under
Fundamental Rule 111. He did not, however, belong to a
cadre immediately before his transfer, and Fundamental Rule
113 had no application
this letter was sent to the Finance Department.
Rule 7(2) of the Punjab Tahsildari Rules reads "When a
substantive vacancy occurs ... foreign service will be regulated on the principle laid down
in Fundamental Rule 113."
Rule 6(a) says that posts in the service shall
answered in the light of the statutory rules as contained in the Fundamental Rules. Rule 110 of the Financial Handbook, Volume II, Part ... rules contained in Chapter XII of Volume II of the Financial Handbook and the Government orders issued from time to time. Fundamental Rule 113 lays
cadre should be the same. He has further relied on Rule 270 which reads as follows :
"270. (1) A Government servant transferred to foreign ... admissible under Fundamental Rule 111. He did not, however, belong to a cadre immediately before his transfer, and Fundamental Rule 113 had no application
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